Passed Jan 2024 SQE 1 first try (1st Quintile) using these notes. Summarises everything you need to know for the Legal Services aspect of the SQE 1 exam, including the rules and obligations of the SRA and Funding Options for Legal Services.
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Legal Services
Table of Contents
The regulatory role of the SRA:.................................................................................................................1
Principles and Risk-Based Regulation....................................................................................................................1
Overriding Legal Obligations..................................................................................................................................2
Funding options for legal services:............................................................................................................5
Private Retainer.....................................................................................................................................................5
Conditional Fee Arrangements..............................................................................................................................5
Damages Based Agreements.................................................................................................................................6
Fixed Fees..............................................................................................................................................................6
Eligibility for Criminal and Civil Legal Aid...............................................................................................................6
Third Party Funding...............................................................................................................................................7
Legal Expenses Insurance (After the Event Insurance – ATE)..................................................................................7
The regulatory role of the SRA:
Principles and Risk-Based Regulation
- The SRA are 1 of 7 regulators operating under the Legal Services Board:
o SRA (regulates solicitors and law firms and non-lawyers who are employees, and registered
foreign and EU lawyers)
o Bar Standards Board
o CLIEX
o Intellectual Property Regulation Board (regulated trademark attorneys)
o Council of Licences Conveyancers (regulates firms and individuals specialising in property and
probate)
o Costs Lawyer Standards Board (regulates lawyers specialising in preparing bills and costs
schedules)
o Master of Faculties (regulates notaries)
Reserved Legal Activities
- Can only be carried out by those authorised by a regulatory body
- Include:
o Rights of audience
o Conduct litigation
o Reserved instrument activities
o Probate activities
o Notarial activities
o Administration of oaths
Professional Indemnity Insurance
- All firms must have adequate and appropriate professional indemnity insurance
- Freeland solicitors do not need authorisation or indemnity insurance unless they carry out reserved
legal activities
- Freelance solicitors carrying out reserved legal activities must have minimum 3 years PQE, cannot hold
client money and must take and maintain adequate and appropriate insurance
, - Solicitors in non-profits, independent trade unions and community interest companies must ensure the
body takes out and maintains adequate and appropriate indemnity insurance
Overriding Legal Obligations
Equality Act 2010
- Protected characteristics:
o Age
o Disability
o Gender reassignment
o Marriage
o Pregnancy and maternity
o Race
o Religion
o Sex
o Sexual orientation
- Direct discrimination cannot generally be justified except in the case of age or disability where it may
be justified if it can be shown as a proportionate means of achieving a legitimate aim
- Indirect discrimination is permitted if the discriminator can show it is a proportionate means of
achieving a legitimate aim
- Firms must make reasonable adjustments for disabled clients and employees so they are not placed at
a substantial disadvantage
Money Laundering
Stages
1. Placement (money is put into the financial system)
2. Layering (lose the audit trail)
3. Integration (provide legitimacy to criminal funds)
- Solicitors will usually be involved in the layering or integration stages
- It is also an offence to conspire or attempt to launder, or to counsel, aid, abet or procure money
laundering
- Maximum penalty is 14 years imprisonment and an unlimited fine
Direct Offences
- Concealment
o Offender must subjectively know or suspect the property is criminal
o Defence: if the person makes an authorised disclosure before the prohibited act occurs, if
disclosed after the act, there must be a good reason, if it is made during the act it will be a
defence if:
They had no relevant knowledge or suspicion when the act began
Disclosure was made as soon as practicable/known
Disclosure was made on the person’s own initiative
o Solicitors need not disclose if legal professional privilege applies, unfounded suspicions will
result in privilege
- Arrangement
o Arrangements which the solicitor knew or suspected facilitated the acquisition, retention, use or
control of criminal property on behalf of another person
o Offence does not affect the ordinary conduct of litigation but sham litigations created to launder
money will constitute an offence
o Defences are the same as for concealment
- Acquisition, Use or Possession
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